DISCIPLINE REGULATION 9
9. Child and Vulnerable Adult Protection
9.1. Referral of Cases
9.1.1. The RFU may become aware of child protection cases from the following sources:
a) Criminal Records Bureau (“CRB”) report;
b) a report of criminal action or a criminal investigation (which may be pre or post conviction); or
c) a complaint.
9.2. CRB Report - In the case of a CRB report, the following procedure will be followed:
9.2.1. The CRB report will be considered by the RFU’s Child Protection Department.
9.2.2. If any child protection issue arises, the matter will be referred to the Referral Management Group (“RMG”).
9.2.3. The RMG will assess the risk and decide whether to take further action. They may decide:
i. there is no risk. In these circumstances, the Child Protection Department will notify the Club and/or Constituent Body that the person concerned can work unsupervised with children;
ii. that further information is required. The Child Protection Department will then make further enquiries and once they have completed their enquiries, the RMG will then reassess the risk; or
iii. to recommend that a Temporary Suspension Order (“TSO”) is issued.
9.2.4. If the RMG recommend a TSO, this will be considered by the RFU’s Legal Officer who will decide whether to issue a TSO and the specific restrictions in the TSO to be placed on the individual concerned.
9.2.5. The TSO will be subject to a right of appeal to the RFU’s Disciplinary Officer within 28 days of the date of the TSO.
9.2.6. Once the 28 day appeal period has expired, the TSO will become a Permanent Suspension Order (“PSO”). The person who is subject to this PSO may request that it be reviewed after 5 years.
9.3. Report of criminal action or criminal investigation
In the case of a report of criminal action or investigation the following procedure will be followed:
9.3.1. The report will be given to the RFU’s Legal Officer who will issue a TSO.
9.3.2. If the police investigation is ongoing the TSO will remain in place until the criminal proceedings have been determined. This TSO will be subject to a right of appeal to the RFU’s Disciplinary Officer within 28 days of the date of the TSO.
9.3.3. If there is a criminal conviction then the Legal Officer will issue a PSO subject to a right of appeal to the RFU’s Disciplinary Officer within 28 days of the date of the PSO.
9.3.4. If the criminal investigation results with no conviction then the Legal Officer may decide t
i. rescind the TSO; or
ii. refer the matter to a disciplinary hearing in accordance with the RFU’s disciplinary procedure on the basis that there is still a child protection issue regardless of the lack of a criminal conviction.
9.4. Complaint - In the case of a complaint, the following procedure will be followed:
9.4.1. The complaint will be considered by the RMG, who will decide whether to take further action. In particular, they may decide:
i. There is no risk and therefore reject the complaint. In which case, the Child Protection Department will notify the complainant;
ii. that further information is required. The Child Protection Department will then make further enquiries and the RMG will then reassess the risk and decide whether to recommend further action;
iii. to recommend that further action be taken. This may include, but is not limited t
a) a recommendation to the Legal Officer that a TSO be issued;
b) a recommendation that the Club and/or Constituent Body be notified of poor practice and that they investigate the matter further;
c) a recommendation that a coach attend or re-attend a relevant coaching course. This may include a recommendation that a TSO be issued and remain in place until the coach has completed the relevant course; or
d) a recommendation that disciplinary proceedings be commenced.
9.5. Minor departures from this Protocol will not invalidate the imposition of a TSO or PSO. |
